On Friday June 28, 2024, the U.S. Supreme Court issued its highly anticipated and consequential decision in Loper Bright Enterprises v. Raimondo, eliminating the decades-old Chevron deference standard, and therefore, severely limiting the ability of federal administrative agencies in the development, implementation and enforcement of their regulatory authorities.
While the immediate impact of Loper Bright is limited to the matter challenged, the Supreme Court’s holding marks a fundamental change to the ability of federal agencies to interpret their enabling authorities and is sure to result in myriad challenges to agency actions related to new, and in some cases, long-standing regulatory structures based on a lack of clear statutory authority and delegation. In short, with the elimination of Chevron deference, nearly every federal regulation and action taken thereunder may be subject to non-deferential, or de novo, judicial review of its underlying statutory charge.
